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(영문) 서울중앙지방법원 2018.01.26 2017가합540191
양수금
Text

1.The Defendant Company A and B shall jointly and severally:

A. Plaintiff New Daily 2015. 4. Limited Liability Company specialized in the fourth securitization is 2,025,773.

Reasons

1. Basic facts

A. On May 28, 2015, Defendant A Co., Ltd.’s issuance of bonds and joint and several sureties 1) Future Deposit Securities Co., Ltd. is Defendant A Co., Ltd. (hereinafter “Defendant Company”).

(1) The Defendant Company’s 2nd Unguaranteed Private Equity Bonds A (hereinafter “instant 1”) issued by the Defendant Company (hereinafter “Plaintiff”) and paid KRW 2,00,000,000 for the acquisition price. On the same day, the Plaintiff Company Specialized in the Fourth Asset-Backed Securitization (hereinafter “Plaintiff 4-backed Securitization”) is the Plaintiff Company Specialized in the fourth Asset-Backed Securitization (hereinafter “Plaintiff”).

(2) On October 29, 2015, a securities company transferred the principal and interest of the instant debentures No. 1 to the Defendant Company’s (hereinafter “Plaintiff”) and transferred the principal and interest of the instant debentures to a limited company specializing in the 10th securitization (hereinafter “Plaintiff 10th securitization”), which was issued by the Defendant Company (hereinafter “instant debentures”) and purchased “the instant debentures No. 3 non-guaranteed privately placed bonds” (hereinafter “instant debentures”) from the Defendant Company, and paid KRW 1,200,000,000, in addition to the instant debentures No. 1 bonds, and on the same day, it transferred the instant debentures No. 2 to the Plaintiff Company specialized in the 10th securitization (hereinafter “Plaintiff 10th securitization”).

3) Defendant B, the representative director of the Defendant Company, jointly and severally guaranteed the obligation to pay the principal and interest of each of the instant debentures by the Defendant Company. (B) Article 4(18)(d) of each of the instant contracts to underwrite bonds of this case provides that when the Defendant Company has lost the benefit of time or failed to perform the obligation to pay bonds, loans, and other obligations other than the instant bonds, the obligation to pay the principal and interest of each of the instant bonds of this case shall also lose the benefit of time immediately.

2) On December 2, 2016, the credit guarantee inquiry protocol of the Defendant Company was registered as a guarantee accident with respect to the Defendant Company on the ground of the loss of profits from other obligations, and was registered as a bad faith due to the delay of performance on December 13, 2016.

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